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Article

1 Feb 2024

Author:
Lo Hoi-ying, Harvey Kong, South China Morning Post

More clarity needed on Hong Kong’s Article 23 domestic security law to reassure investors, say legal experts and business chambers

...Barrister Ronny Tong Ka-wah, a member of the government's key decision-making Executive Council, on Wednesday urged authorities to more clearly define "state secrets" outlined in the consultation document on the legislation, which the city is duty bound to enact under Article 23 of its Basic Law mini-constitution... "Information on military or diplomatic arrangements are more clearly understood by the public to be state secrets, but for technological and economic development policies, I agree that the line should be drawn more clearly," Tong told a radio show. "This is beneficial for the flow of information, as Hong Kong is an international financial hub and we are dependent on the flow of information and transparency to strengthen our position."

Thomas Kellogg, executive director of the Centre for Asian Law at Georgetown University in Washington, said it was uncommon in other countries' law on state secrets to cover a broad range of economic and policy information. "Certainly, the [mainland Chinese] law has been used to cover such information, in ways that have impacted both the business environment and general media freedom," he said. "Hong Kong has long been a key business hub in part because of its robust media and information environment - this element of the Article 23 proposals puts one of Hong Kong's key advantages at risk."...

European Chamber of Commerce said it would pay "particular attention" to issues potentially concerning the "core values" that made Hong Kong an attractive place in which to do business. That included its strong protection of fundamental rights, the rule of law, an independent judiciary, and the free flow of information, it added.

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